Journal of Cyber Law (JOCL)

Journal of Cyber Law (JOCL)

Architectural Rights In Cyberspace: From The Intellectual Property Of The Design Process To Legal Accountability In The Age Of Artificial Intelligence

Document Type : Original Article

Authors
1 Department of Architecture, TA.C., Islamic Azad University, Tabriz, Iran
2 Department of Architecture, CT.C., Islamic Azad University, Tehran, Iran
3 Graduate in Architecture, SR.C, Islamic Azad University, Tehran, Iran
4 Department of Architecture, KA.C., Islamic Azad University, Karaj, Iran
5 Department of Architecture, ISF.C., Islamic Azad University, Isfahan, Iran
Abstract
The rapid evolution of digital technologies and artificial intelligence in architectural design has confronted architectural rights with profound and emerging challenges, fundamentally redefining the traditional boundaries of intellectual property and legal accountability within the design process. Cyberspace, as an overlapping platform for the creation, dissemination, and reproduction of architectural works, has introduced complex issues into the system of architectural rights, particularly with regard to identifying authorship, determining the subject of rights, delineating professional obligations, and attributing legal responsibility to human and non-human agents. This study aims to provide a critical and systematic representation of the emerging legal structure of architectural rights in cyberspace and to conduct a multilayered analysis of the intellectual property of the architectural design process and the scope of legal accountability arising from the application of artificial intelligence–based systems. The research adopts a descriptive–analytical methodology with a qualitative approach. Data have been collected and analyzed through a systematic review of legal documents, comparative regulations, specialized doctrines in architectural law, and technical literature related to artificial intelligence. The findings indicate that classical frameworks of architectural law—particularly in the domains of intellectual property and legal accountability—are insufficient when confronted with automated and algorithm-driven design processes. Significant gaps persist, including ambiguity in identifying the actual author of architectural works, uncertainty in defining the legal obligations of architects, system developers, and users, and difficulties in attributing harmful acts to human and non-human actors. This situation poses a serious threat to the coherence of the architectural legal system and to the assurance of professional justice within the context of digital architecture. Based on the results, a reconceptualization of the foundational notions of architectural rights and the development of novel legal regulatory mechanisms aligned with the logic of cyberspace and intelligent technologies are essential. Such measures should safeguard architectural creativity and the rights of authors, enhance the transparency of legal obligations, and minimize legal conflicts arising from the application of artificial intelligence in the architectural design process.
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